1 2026:CGHC:725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8671 of 2025 • Suraj Yadav S/o Late Ashok Yadav Aged About 23 Years R/o Parsabhatha, Kanji House, P.S. Balco, District Korba (C.G.) ... Applicant versus • State Of Chhattisgarh Through- Police Station Balco, District Korba (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vikas Pandey, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.495/2025 registered at Police Station Balco, District - Korba (C.G.) under Section 303(2) of BNS. 2. That case of the prosecution, in brief, is that 06/08/25 the complainant namely Adarsh Dilawar who is owner of mobile shop has lodged written complaint against the unknown person stating that on 21/07/25 he was sitting in mobile shop and he went inside the room at that time some unknown persons made theft of mobile from his VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.07 17:53:29 +0530 2 shop thereafter police has lodged written report against the unknown person, after investigation police has recorded the memorandum of present applicant and arrested him for aforesaid crime, hence, this bail application. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and the applicant has neither entered in the shop nor committed stole of any article of the complainant’s shop. He also submits that the prosecution has not collected the sufficient material from the possession of the applicant regarding theft article. He further submits that only on the basis of merely suspicious and memorandum statement he has been alleged by the prosecution against him. The applicant has two criminal antecedents, in which he has been acquitted from charges and he is in jail since 20.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that applicant has two previous criminal antecedent, it appears that applicant is a habitual offender, therefore, applicant he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that prosecution has not collected the sufficient material from the possession of the applicant regarding theft article, trial is likely to take some time for its conclusion, he is in jail since 20.09.2025, looking to the detention period of the present 3 applicant, this Court is of the view that the applicant is entitled to be released on bail in this case 7. Let the Applicant – Suraj Yadav, involved in Crime No.495/2025 registered at Police Station Balco, District - Korba (C.G.) under Section 303(2) of BNS, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- ((i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse 4 of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/ Sd/- (Ramesh Sinha) Chief Justice vaishali